R. v. Rudder
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Neutral Citation | 2023 ONCA 864 |
| Citation | 2023 ONCA 864 |
| Docket Number | COA-22-CR-0039 |
| Date | 29 December 2023 |
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9 practice notes
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R. v. Maric
...this fact. When admissions of fact have been made, “as matter of law, a trial judge is obliged to accept those facts”: R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at paras. 44-45. In any event, neither the reviewing judge, nor this court, has the authority to excise correct information:......
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R. v. White
...Mr. White falls within the wording “any fact alleged against him” or it is better characterized as a common law admission R. v. Rudder, 2023 ONCA 864 at paras. [7] Nor does the factual admission as drafted, account for other reasonable possibilities such as Mr. White having worn gloves (one......
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R. v. Nnane
...I agree. The assertions are direct evidence of the connection of a known third party, Jackson, to the murders: see, e.g., R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at para. 59. Fountain would likely have been called as a witness if he had been available at the time of the trial. Paren......
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R. v. Appleton
...is met, the fortunes of the third party suspect defence must be determined by the trier of fact on the evidence as a whole: R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at para. 58, citing Ranglin, at para 60. There is a well-recognized risk that, if misapplied, the third party suspect r......
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9 cases
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R. v. Maric
...this fact. When admissions of fact have been made, “as matter of law, a trial judge is obliged to accept those facts”: R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at paras. 44-45. In any event, neither the reviewing judge, nor this court, has the authority to excise correct information:......
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R. v. White
...Mr. White falls within the wording “any fact alleged against him” or it is better characterized as a common law admission R. v. Rudder, 2023 ONCA 864 at paras. [7] Nor does the factual admission as drafted, account for other reasonable possibilities such as Mr. White having worn gloves (one......
-
R. v. Nnane
...I agree. The assertions are direct evidence of the connection of a known third party, Jackson, to the murders: see, e.g., R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at para. 59. Fountain would likely have been called as a witness if he had been available at the time of the trial. Paren......
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R. v. Appleton
...is met, the fortunes of the third party suspect defence must be determined by the trier of fact on the evidence as a whole: R. v. Rudder, 2023 ONCA 864, 169 O.R. (3d) 561, at para. 58, citing Ranglin, at para 60. There is a well-recognized risk that, if misapplied, the third party suspect r......
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